USPTO STATUS 602

Your application was abandoned for failure to respond

Official wording: Abandoned- Failure to Respond or Late Response.

A response deadline passed and the application has been abandoned. It may still be revivable, but the window is measured in weeks rather than months, so the issue date on your notice of abandonment is the first thing to find and the only date that matters today.

A deadline may be running. Confirm the date on your own record before you do anything else.

The window to revive is two months

Under 37 CFR 2.66(a) a petition to revive must be filed no later than two months after the issue date of the notice of abandonment. If you did not receive that notice, and you formally declare that, the alternative is two months from the date you actually learned of the abandonment and in no event later than six months after USPTO electronic records show the application as abandoned. Find the issue date on your own record before you do anything else.

What the petition has to show

Under 37 CFR 2.66(b) it needs the petition fee, a statement from someone with firsthand knowledge that the delay was unintentional, and the response you should have filed. Where the original office action carried a three-month response period and you are not claiming you never received it, an extension request fee is due as well. Unintentional is a real standard, not a formality, and the statement is signed.

If the abandonment followed a final refusal

Your response is treated as a request for reconsideration, and you also have to file an appeal or petition where one is available to you, or state plainly that you are not filing one. That makes it a more involved filing than a straightforward revival, and it is worth understanding which of the two you are facing before you start.

If the window has already closed

Then the application cannot be revived and the filing fee is gone with it. Refiling is the remaining route, and it is worth doing the clearance work properly first: whatever objection stopped the first application will still be waiting for the second one, and paying the government fee twice to find that out is the expensive way to learn it.

What we do here

Send us the notice of abandonment and the office action behind it. We will tell you whether the window is still open, what the petition would need, and whether it is worth filing at all. If it is not, you will be told that rather than sold a petition that cannot succeed.

Confirm this against your own record

Status code descriptions are administered inside USPTO systems and published wording varies slightly between sources. Your file is the authority. Enter your serial number in TSDR to see your current status, every document filed, and any live deadline.

Open TSDR
Send us the notice — we will check the windowAll status codes

Looking this up for a client rather than for your own mark? We keep a network of licensed attorneys who review the cases that come through us. It is case-by-case paid work and a free listing — never a referral fee or a cut of anything.

OTHER CODES

What comes before and after

Before you go

See where your name is already taken

Reading about trademarks is useful. Knowing who already uses your name is better, and it costs nothing.

What you get

  • Live domain registrations, every common ending
  • Public social handles across the major platforms
  • A written report that says plainly what it does not cover
  • No card
  • No account needed
  • Domains checkedThe .com and the near misses
  • Handles checkedSame name, every platform
  • Written reportYours to keep either way
  • About a minuteNo card, no obligation